CYBER CRIME – THE INVESTIGATION ANGLE
Whatever be the genre of crime, the capability of the investigative agencies & that of the whole criminal justice system in that regard, decides the nature of control we have over it. While the cyber crime becoming all pervasive, the response to it is still in a very nascent stage. Cyber insecurity is felt by one & all, it would be a long way before we come to grips of the situation. The legal mandate to inform all breaches / hacks is still missing, which is quite an unnerving fact.
A recent news item that most enterprises looked forward to private crime crime investigators is not a pleasant trend. One reason can be lack of faith in the police investigators & faith in the system that it would be taken to its logical conclusion. Even if this does happen the journey would be very arduous & time taking and would certainly not be worth the effort. The second reason is that public knowledge of a breach / hack would hit their reputation in a big way. Private experts / investigators are this hired for this purpose, with reasonable expertise & having a non-disclosure agreement with them. It works well for the parties. The losers are the legal investigative agencies who lose upon the chance to improving the much required skills.
The conviction rate in cyber crime cases may well be range of 1% at the maximum. There would be lots of states in the country where fugues would be 0%. The appreciation of the digital evidence by Prosecutor’s & their capability to carry it through in a judicial trail is nothing to boast of. The appreciation of such evidence with clarity is another moot question.
Law has to catch up with lots of these crimes is one part of the story. More important is whether we are clear technically to make the best out of the present cyber crime legal regime. Immediate correctional steps are needed to match up to the requirements.
IMPROVING THE QUALITY OF CYBER CRIME INVESTIGATION IS THE WAY FORWARD.